Tag: European Court of Human Rights
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Reviewing Ireland’s Abortion Regime
—Eoin Carolan, University College Dublin The recent death of a woman from septicaemia following a miscarriage has focused attention on the legal regime regulating the carrying out of abortions within Ireland. Since the Constitution was amended in 1983 to insert a provision recognising the right to life of the unborn, the issue of abortion has…
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Article Review & Response: Mark Tushnet and Oliver Gerstenberg on Rights Adjudication
[Editor’s Note: In this installment of I•CONnect’s Article Review Series, Mark Tushnet reviews Oliver Gerstenberg’s just-published I-CON article on “Negative/Positive Constitutionalism, ‘Fair Balance,” and the Problem of Justiciability.” Professor Gerstenberg then responds to Professor Tushnet’s review.] A Review of Gerstenberg’s article on “Negative/Positive Constitutionalism, ‘Fair Balance,” and the Problem of Justiciability” —Mark Tushnet, William…